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ULTHERA DS 7-3.0 Transducer Safety: Handling Incomplete Skin Contact & Energy Rebounds

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When the ULTHERA DS 7-3.0 transducer is not fully flush with the skin, the system can display imaging artifacts, trigger system messages, and increase the risk of superficial heating or uneven coagulation lines. Clinics should respond by stopping treatment immediately, re-establishing full gel coupling, re-aligning the transducer using DeepSEE imaging to confirm contact, and only then resuming therapy. A structured maintenance and calibration routine further reduces contact-related alerts and ultrasound energy scatter risk over the device lifecycle.

What this transducer does & who it’s for

  • The ULTHERA DS 7-3.0 is a 7 MHz DeepSEE image/treat transducer that delivers micro-focused ultrasound energy at a nominal depth of 3.0 mm, with imaging capability from the skin surface to 8 mm.
  • It is typically used for non-invasive dermatologic aesthetic indications such as lifting brow, submental and neck tissue, and improving lines and wrinkles of the décolleté when used with the Ulthera System. Indications are defined by the manufacturer and regulatory clearances.
  • Ideal users are aesthetic clinics, medspas, and dermatology practices that already operate an Ulthera System and need predictable, image-guided energy delivery for mid-dermal and superficial SMAS-adjacent layers.
  • For high-utilization sites, the DS 7-3.0 is often paired with other depths (DS 4–4.5, DS 10–1.5) to build tiered lifting protocols within the same platform, making transducer condition and contact calibration central to safe operations.

Mid-funnel buyers at this stage are often comparing new versus certified pre-owned (CPO) handpieces and consumable cartridges, and need assurance that energy delivery, imaging, and system alerts will behave reliably in daily practice. ALLWILL is positioned to help match device condition and budget to those clinical and operational requirements through vetted sourcing and Smart Center support.

Technical core: preventing energy scattering & managing contact alerts

Because your working title focuses on “energy rebounds” and “transducer surface contact calibration,” this section emphasizes hardware physics, ultrasound coupling, and system behavior rather than pricing.

  • The Ulthera System integrates B-mode imaging with therapy, using the same transducer to visualize tissue and deliver acoustic energy as discrete thermal coagulation points (TCPs) along a treatment line up to 25 mm in length.
  • For the DS 7-3.0, ultrasound energy is focused at a 3.0 mm treat depth; beam width at focus is roughly 0.27–0.29 mm, so partial loss of coupling or tilting can shift where energy is deposited and distort the linear array of TCPs.
  • The manufacturer specifically notes that incorrect technique (tilting the transducer, gel pockets, incorrect spacing) can result in burns and potential scarring, which in practice are often linked to non-uniform contact and uncontrolled energy scattering near the interface.

How incomplete dermal contact disturbs vector lines

  • When the transducer membrane is not fully flush, the ultrasound path at the gel–skin interface becomes irregular, producing imaging artifacts, inconsistent focal depth, or “gaps” in the target layer on DeepSEE visualization.
  • Gel pockets, insufficient gel, or trapped air bubbles create acoustic impedance discontinuities that can reflect or refract ultrasound energy, leading to shallower heating than intended or localized hotspots near the surface.
  • The Ulthera System is designed to limit imaging output (ALARA principle) and has fixed maximum output indices below specified MI and TI values; however, therapy pulses still produce significant localized heating at focus, so inconsistent coupling can amplify superficial energy deposition at non-target depths.

System alerts and behavior related to contact

  • The manufacturer emphasizes that imaging must be used to “ensure proper coupling of the transducer to the skin” before delivering treatment lines; loss of clear tissue visualization or visible “drop out” should be treated as a warning to stop.
  • Unusual or inconsistent system behavior is a trigger to discontinue use and contact technical support, which in practical clinic workflows includes repeated unexpected system messages, erratic imaging, or temperature cut-outs.
  • If internal transducer temperature exceeds a threshold (automatic disable around 43°C), scanning is disabled; repeated overheating may reflect excessive friction at poorly coupled areas or prolonged scanning without adequate glide and cooling intervals.

At this point in the buyer journey, a clinic owner should be assessing whether their team and workflows can reliably maintain high-quality coupling and respond appropriately to Ulthera System alerts. A vendor such as ALLWILL can supplement manufacturer training with device-condition guidance, transducer selection strategy, and practical walkthroughs based on the clinic’s typical treatment volumes.

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Revenue and uptime impact of proper contact handling

  • Inconsistent contact increases both the risk of adverse events (burns, nerve irritation) and the likelihood of suboptimal patient experiences, which can diminish perceived value and repeat bookings, even if the device itself is functioning within spec.
  • From a utilization standpoint, repeated system alerts and unplanned transducer downtime (due to membrane damage, overheating, or fluid leaks) create lost treatment slots and emergency rescheduling, directly eroding revenue.
  • Conversely, well-implemented contact and calibration protocols reduce re-treatments, post-care escalations, and staff hesitation, allowing a clinic to safely run more sessions per week at consistent pricing, which improves payback on the Ulthera platform and its consumable transducers over time.

Practical payback lens (illustrative, not guaranteed)

  • If incomplete contact and related errors cause even one additional unsellable or refunded session per week, the cumulative annual revenue loss can be significant relative to the capital invested in the Ulthera System and DS 7-3.0 transducers.
  • By contrast, a calibrated, low-alert workflow that minimizes energy scattering issues will usually translate into higher usable line counts per cartridge and fewer premature transducer replacements, which matters for both new and CPO units.
  • Many ALLWILL clients treat transducer handling and contact calibration as a key lever in their ROI model, as it influences both patient satisfaction and the practical life of each purchased cartridge. Request a quote from ALLWILL for current DS 7-3.0 availability and support options aligned to your utilization targets.

Why clinics pay more attention to this transducer’s physics

  • The DS 7-3.0 sits in a “workhorse” position in many lift-and-tighten protocols, intersecting dermal and superficial fibromuscular tissue while offering real-time imaging to avoid bone, thyroid, large vessels, and other sensitive structures.
  • Its combination of 3.0 mm depth and 7 MHz frequency means that even small deviations in contact angle or pressure can shift energy away from the intended collagen-dense layer, potentially affecting perceived tightening without necessarily breaching safety limits.
  • Because the same handpiece and control unit support multiple transducer types, clinics that maintain rigorous positioning and contact standards with DS 7-3.0 often see smoother onboarding when adding additional cartridges (for 1.5 mm or 4.5 mm depths) to their service mix.

Differentiation vs other lifting devices

  • Compared with non-imaging HIFU systems or some radiofrequency-based tightening platforms, Ulthera’s DeepSEE imaging allows the operator to directly confirm coupling and depth before each line, which is especially useful when the skin surface is irregular or scarred.
  • For buyers, that means a higher emphasis on correctly interpreting the ultrasound image and acting on system messages, rather than simply relying on fixed treatment templates. Proper supplier support and training content become differentiators in practice.
  • When considering alternatives such as other ultrasound-based tightening devices, many clinics ultimately choose Ulthera because of this integrated imaging and its track record; however, they still depend on robust vendor support to protect uptime and manage consumables intelligently.

BME technical maintenance checklist (Ulthera DS 7-3.0 & contact reliability)

Because this article is routed to the “technical specs / engineering / side effects” path, your practical decision aid is a biomedical engineering–oriented maintenance checklist instead of a financial comparison table. Use this table internally with your clinical engineering or device-supervision team.

Ulthera DS 7-3.0 Technical Maintenance & Contact-Calibration Checklist

Checkpoint category What to verify in clinic operations Recommended frequency Why it matters for contact & scattering
Transducer membrane & housing Inspect DS 7-3.0 membrane for cracks, punctures, discoloration, or fluid leakage; confirm housing is intact with no impact damage. Before each treatment day; after any drop Physical damage can change the acoustic field or allow fluid ingress, increasing risk of uneven energy deposition or erratic system alerts.
Connector hygiene Ensure handpiece and transducer electrical contacts are clean, dry, and free of gel residue; never use once immersed. Weekly plus after any spill Moisture or gel at connectors can trigger system errors and unstable performance, impacting both imaging and therapy accuracy.
Ultrasound gel management Use recommended ultrasound gel; avoid air bubbles, gel pockets, or dry areas on skin; replace gel if it becomes aerated. Every patient, every treatment region Air or uneven gel layers at the interface cause reflections and refraction, distorting the beam path and increasing hotspot risk.
Imaging-based contact verification On each region, use SEE mode to confirm continuous tissue visualization along the planned line, checking for dropouts or shadowing before treating. Every line, every pass The IFU emphasizes imaging to ensure proper coupling and depth; skipping this step is a common root cause of energy misplacement.
Temperature & duty cycle Monitor for transducer warming; respect recommended scanning and treatment durations, allowing cool-down if the system disables scanning at high internal temperatures. Each session Excessive continuous operation with poor contact can increase surface heating and trigger automatic cut-outs, slowing throughput.
System messages & alerts logging Maintain a simple log of unusual system messages, unexpected stops, or repeated error codes, and escalate persistent issues to technical service. Ongoing; review monthly Early pattern recognition prevents small contact issues from becoming membrane failures or larger uptime disruptions.
Regulatory & labeling checks Verify transducer expiration date, type labeling (DS 7-3.0 vs 7-3.0N), and that each unit is appropriate for its intended indication and region. On receipt; quarterly inventory Using expired or incorrect transducers may affect performance and compliance, and complicate incident investigations if an adverse event occurs.
Handpiece ergonomics & cable strain Confirm cable strain relief is intact and that staff use neutral wrist positions; avoid tight loops or pinch points. Quarterly; after relocation Cable strain or awkward grip can encourage tilting or overpressure, degrading contact and increasing operator fatigue and error risk.
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For many buyers, knowing that a structured technical checklist already exists is the difference between seeing a DS 7-3.0 purchase as a “black box” versus a manageable, high-uptime asset. Request a quote from ALLWILL if you want transducer sourcing bundled with a tailored BME inspection and maintenance outline for your specific site configuration.

Compliance, safety, and asset protection

  • The Ulthera System has been cleared as a non-invasive dermatologic aesthetic device with specific indications for lifting and wrinkle improvement; however, buyers remain responsible for verifying current regulatory status (e.g., FDA 510(k), CE marking) for their region and intended indications.
  • The IFU lists extensive potential side effects, including erythema, edema, welting, bruising, nerve effects, and the possibility of burns or scarring if incorrect technique is used, particularly when tilting the transducer or allowing gel pockets.
  • As a capital asset, your Ulthera platform also needs electrical, electromagnetic, and environmental safeguards: proper grounding, dry indoor installation, minimum ventilation clearances, and awareness of electromagnetic interference (EMI) sources that could degrade imaging.

Protecting certified pre-owned (CPO) Ulthera assets

  • For CPO systems and transducers, documentation should include proof of authenticity, traceable serial numbers, service history, and evidence that any refurbishment respected original equipment manufacturer (OEM) operating specifications.
  • Buyers should always request written confirmation of remaining transducer line counts or refurbishment scope, plus warranty and support terms; no used cartridge should be treated as identical to a new one without explicit disclosure.
  • ALLWILL typically encourages clinics to store IFUs, service reports, and regulatory documentation centrally so that any incident related to contact or energy scattering can be investigated quickly without ambiguity, protecting both patients and the clinic brand.

Procurement risks to avoid + ALLWILL Expert View

  • Risk 1: Purchasing off-channel DS 7-3.0 transducers with unclear storage history or questionable expiration dates, which may have compromised membrane integrity or gel compatibility.
  • Risk 2: Underestimating the operational importance of imaging-based contact checks, leading to training gaps where staff treat purely by template rather than real-time visualization.
  • Risk 3: Failing to log system alerts and minor contact-related issues, causing delayed recognition of emerging handpiece or transducer problems that eventually result in extended downtime.

ALLWILL Expert View: Building a resilient Ulthera contact protocol

For most clinics, the single biggest differentiator in Ulthera performance is not the model generation but how much discipline is applied to imaging and contact verification in daily operations. A DS 7-3.0 transducer with strong remaining line count can still perform poorly if operators treat imaging as optional rather than mandatory, or if biomedical checks on the membrane, connectors, and cable strain are sporadic.

Procurement teams evaluating new versus certified pre-owned units should therefore ask as many questions about training, IFU compliance, and maintenance workflows as about price. In our experience, clinics that standardize a short, repeatable pre-treatment checklist—confirming gel application, image clarity, and skin contact across every line—see fewer adverse events, more predictable treatment times, and fewer emergency cancellations due to device issues. When you request a quote from ALLWILL, it is often helpful to share your expected monthly treatment volume and staffing pattern; this allows the sourcing and Smart Center teams to recommend not just specific transducers, but also inspection intervals and training resources that align with your real-world utilization.

To convert this into an actionable purchase plan, consider your current incident history, average weekly Ulthera usage, and appetite for CPO units. Then request a quote from ALLWILL for a package that may include DS 7-3.0 transducers, technical inspection support, and pragmatic training pointers tailored to your team.

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Frequently Asked Questions

What is the typical price range for a DS 7-3.0 transducer?

Pricing varies by market, expiration date, and whether the unit is new or certified pre-owned, but it is generally positioned as a premium ultrasound consumable relative to non-imaging cartridges. CPO or surplus inventory can sometimes offer meaningful savings for clinics that are comfortable with shorter remaining shelf life or line counts. Request a quote from ALLWILL for live pricing and current stock.

How should my staff respond if the Ulthera System behaves oddly during treatment?

If you see unexpected messages, inconsistent imaging, or any unusual behavior, stop treatment immediately, lift the transducer, and press the relevant controls to halt therapy as described in the IFU. Do not continue until you verify proper contact and rule out cable, membrane, or gel issues; persistent behavior warrants contacting technical service.

Does incomplete transducer contact increase the risk of burns or nerve injury?

The IFU notes that incorrect techniques—including tilting and gel pockets—can contribute to burns and potential scarring, and transient nerve effects have been reported in clinical and post-market use. While the system’s acoustic outputs are controlled, inconsistent coupling can alter local heating patterns, so strict adherence to imaging-based contact checks is essential.

Are certified pre-owned transducers as safe as new ones?

They can be safe when sourced through channels that verify authenticity, proper storage, line counts, expiration dates, and integrity of the membrane and housing according to manufacturer guidelines. Buyers should always obtain documentation in writing and confirm that any refurbishment or testing process is clearly described. Request a quote from ALLWILL if you need a CPO option with structured inspection and warranty support.

How can I reduce Ulthera downtime due to contact or transducer issues?

Implement a standardized pre-session checklist (membrane inspection, clean connectors, fresh gel, image-based contact verification), and maintain a simple log of system alerts and unusual behavior. Pair this with scheduled technical inspections, particularly for high-throughput clinics, and ensure staff are familiar with emergency stop procedures and temperature cut-outs.

References

  1. Ulthera System – Instructions for Use (DeepSEE Technology for Ultherapy)
  2. Ulthera System Instructions for Use – International Physician Resources
  3. Ultherapy PRIME / Ulthera System – IFU (Australia)
  4. Ulthera DeepSEE DS 7-3.0 – User Manual Listing
  5. Ulthera DS 7-3.0 Transducer: Technology, Uses, and Clinical Applications – ALLWILL Knowledge
  6. Guidelines for the Safe Use of Ultrasound: Part I – Health Canada
  7. Ulthera DS 7-3.0 Ultherapy Transducer Supply Chain Optimized – ALLWILL Market Release
  8. Ultherapy Transducer – Green DS 7-3.0 Product Page
  9. Ulthera DeepSEE Transducer DS 7-3.0 – Product Listing
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(e) Notice and Inspection. The limited warranties contained in this Section 8 are made on condition that immediate written notice of any noncompliance with the Equipment’s and/or the Service’s warranty be given to MRP, and provided that MRP’s inspection reveals that Buyer’s claim is valid under the terms of such warranty.

        9.  DISCLAIMERS; NO OTHER WARRANTY. EXCEPT TO THE EXTENT AS PROVIDED IN SECTION 8(c)(i)(D), BUYER ACKNOWLEDGES THAT MRP IS NOT BOUND BY ANY WARRANTY THAT MAY BE SET FORTH IN A MANUFACTURER’S WRITTEN MATERIALS THAT WOULD HAVE APPLIED HAD BUYER PURCHASED THE EQUIPMENT DIRECTLY FROM THE MANUFACTURER IN ITS UNUSED STATE. BUYER ACKNOWLEDGES THAT BUYER HAS NOT RELIED UPON ANY WARRANTY OTHER THAN AS SET FORTH IN THIS AGREEMENT. IN ADDITION, BUYER ALSO HEREBY ACKNOWLEDGES AND AGREES THAT ANY ORAL OR WRITTEN STATEMENTS CONCERNING USE AND REGULATION OF MEDICAL DEVICES SOLD BY MRP ARE AND SHALL BE CONSTRUED AS FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTY OR ASSURANCE BY MRP AS TO THEIR ACCURACY OR VALIDITY. MRP ALSO HEREBY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OTHER MEDICAL CARE OR HELP, INCLUDING THE SELECTION OF AESTHETIC AND MEDICAL PROCEDURES AND PRODUCTS FOR, OR CARE OF, PATIENTS. THE LIMITED WARRANTIES OF THIS AGREEMENT, IF APPLICABLE TO ANY EQUIPMENT OR SERVICE FURNISHED UNDER THIS AGREEMENT, CONSTITUTE THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT AND/OR SERVICE AND ANY DEFECT, DEFICIENCY OR NONCONFORMITY. TO THE EXTENT PERMITTED BY LAW, SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

        10.  LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL MRP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, ARISING FROM, RELATED TO OR CAUSED, DIRECTLY OR INDIRECTLY, WHETHER FORESEEABLE OR NOT, BY THE EQUIPMENT AND/OR THE SERVICES, THE USE OR INABILITY TO USE THE EQUIPMENT, THE RESULTS GENERATED FROM THE EQUIPMENT AND/OR THE SERVICES, THIS AGREEMENT, ANY OTHER ACT OR OMISSION OF MRP, OR BASED UPON ANY OTHER LEGAL THEORY. IN NO EVENT SHALL MRP BE LIABLE FOR ANY LOSSES OF REVENUE, USE, BUSINESS OPPORTUNITY, PROFIT, SAVINGS OR ANY OTHER DAMAGES DUE TO ANY CAUSE WHATSOEVER, EVEN IF MRP OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING IS A SEPARATE, ESSENTIAL TERM OF THIS AGREEMENT, AND SHALL BE EFFECTIVE UPON THE FAILURE OF ANY REMEDY, EXCLUSIVE OR NOT. IN NO EVENT WILL MRP’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE ACTUALLY PAID TO MRP BY BUYER FOR THE EQUIPMENT AND/OR THE SERVICES GIVING RISE TO THE CLAIM FOR WHICH DAMAGES ARE BEING SOUGHT. NO SUIT OR ACTION MAY BE BROUGHT BY BUYER, ITS SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. IT IS AGREED THAT MRP’S LIABILITY IS SO LIMITED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY EQUIPMENT IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY MRP, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE EQUIPMENT.

        11.  BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants to MRP that: (a) Buyer is duly organized, validly existing, and in good standing in the jurisdiction of Buyer’s formation; (b) Buyer is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required; (c) Buyer has the full right, power, and authority to enter into this Agreement and to perform Buyer’s obligations under this Agreement; (d) the execution of this Agreement by the person whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of Buyer; (e) when executed and delivered by each of MRP and Buyer, this Agreement will constitute the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms; (f) Buyer is in compliance with all applicable laws relating to this Agreement, the Equipment and the operation of Buyer’s business; (g) Buyer is not insolvent and is paying all of its debts as they become due; and (h) all financial information that Buyer has provided to MRP is true and accurate and fairly represents Buyer’s financial condition.

        12. PROPRIETARY RIGHTS.

(a) Ownership. No sale shall be construed as granting to Buyer any license or other right in, or to, any of MRP’s (i) patents; (ii) trademarks; (iii) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, websites and URLs; (iv) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, technical data, data files, and databases and other specifications and documentation; (v) trade secrets; (vi) environmental or other testing applicable to the Equipment and/or the Services; and (vii) industrial and other intellectual property rights, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world (collectively, the “Intellectual Property Rights”).

(b) Prohibited Acts. Buyer shall not (i) take any action that might interfere with any of MRP’s rights in or to Intellectual Property Rights, including MRP’s ownership or exercise thereof; (ii) challenge any right, title, or interest of MRP in or to the Intellectual Property Rights; (iii) make any claim or take any action adverse to MRP’s ownership of the Intellectual Property Rights; (iv) register or apply for registrations, anywhere in the world, for MRP’s trademarks or any other trademark that is similar to MRP’s trademarks or that incorporates MRP’s trademarks in whole or in confusingly similar part; (v) use any mark, anywhere that is confusingly

similar to MRP’s trademarks in whole or in confusingly similar part; (vi) engage in any action that tends to disparage, dilute the value of or reflect negatively on the Equipment and/or the Services or any of MRP’s trademarks; (vii) misappropriate any of MRP’s trademarks for use as a domain name without prior written consent from MRP; or (viii) alter, obscure or remove any of MRP’s trademarks, or trademark or copyright notices or any other proprietary rights notices placed on the

Equipment, marketing materials or other materials that MRP may provide.

        13.  CONFIDENTIAL INFORMATION. Without the prior written consent of MRP,Buyer, directly or indirectly, shall not disclose (and will direct its directors, shareholders, employees and agents not to disclose) any Confidential Information. The term “Confidential Information” means any information of or relating to MRP or the Equipment and/or the Services not generally known to the public (other than as a result of disclosure in violation of this Agreement) in spoken, printed, electronic or any other form or medium, including, but not limited to, business processes, practices, methods, policies, plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, transactions, potential transactions, know-how, trade secrets, databases, manuals, records, supplier information, financial information, accounting information, legal information, marketing information, pricing information, payroll information, personnel information, and supplier lists.

        14.  NON-SOLICITATION. Buyer agrees not to solicit or hire any personnel of MRP involved with the delivery of the Services during the provision of such Services and for twelve (12) months after the completion of such Services; provided, however, that Buyer may hire individuals employed by MRP who, without other solicitation, respond to advertisements or solicitations aimed at the general public.

        15.  EQUITABLE REMEDIES. Buyer acknowledges and agrees that (a) a breach or threatened breach by Buyer of any of its obligations under Sections 13 or 14 would give rise to irreparable harm to MRP for which monetary damages would not be an adequate remedy and (b) in the event of a breach or a threatened breach by Buyer of any such obligations, MRP shall, in addition to any and all other rights and remedies that may be available to MRP at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Buyer agrees that Buyer will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 15.

        16.  INDEMNIFICATION. Buyer agrees to indemnify, defend and hold harmless MRP and its directors, shareholders, employees and agents (collectively, “MRP Indemnitees”) against any liability, damage, loss or expense incurred by or imposed in connection with any claims, suits, actions, demands or judgments arising out of (a) any breach or non-fulfillment of any representation, warranty or covenant set forth in this Agreement by Buyer or its directors, managers, employees or agents (collectively, “Buyer’s Agents”); (b) any negligent act or omission or willful misconduct of Buyer or Buyer’s Agents in connection with this Agreement; (c) any bodily injury, death of any person or damage to real or tangible personal property caused by Buyer or Buyer’s Agents, including the use of unauthorized parts in or service of the Equipment; (d) any failure by Buyer or Buyer’s Agents to comply with any applicable laws; (e) any fraud or other intentional acts by Buyer or Buyer’s Agents; and (f) the use or operation of the Equipment, including, without limitation, any medical and/or surgical procedures performed by Buyer, and any of Buyer’s Agents, using the Equipment unless said damages are determined by a court of competence jurisdiction to be solely by the gross negligence of MRP or solely as result of a breach by MRP of the limited warranties contained herein.

        17.  DEFAULTS; REMEDIES. Notwithstanding anything herein to the contrary, should Buyer fail to pay for the order or any other amount, in whole or in part, when due or perform its other obligations under this Agreement or as otherwise mutually agreed in writing between Buyer and MRP (each, a “Default”), then MRP may take any and all actions available under law or equity to collect said amounts with a ten (10) day prior written notice, including, but not limited to, enforcing its security interest, accelerating the payment of and declaring immediately due and payable any unpaid balance of the order, referral to outside collection agencies and/or commencement of legal action. MRP’s rights shall be cumulative, and it shall not be required to have attempted to realize upon to the Equipment before taking any other collection actions. MRP may require that Buyer assemble and return any or all of the Equipment to MRP and, in the event Buyer fails to return such Equipment peaceably, enter upon the premises where such Equipment is located, with or without legal process, and repossess such Equipment. Upon a Default, Buyer agrees to pay upon MRP’s demand: (i) all costs and expenses incurred by MRP or its assignee in connection with the enforcement of any remedies, including all expenses incurred in connection with the return, sale, release or other disposition of the Equipment, including attorneys’ fees and other costs incurred by MRP or its assignee in enforcing or defending its rights and remedies under this Agreement and any other written agreement between Buyer and MRP.

        18.  COMPLIANCE WITH LAWS. Buyer shall (a) carry out the transactions contemplated by this sale and deal with the Equipment in conformity with all applicable laws, rules and regulations of all government authorities, including, without limitation, export laws, (b) obtain all permits and licenses required in connection with the purchase, shipment, installation or use of the Equipment, and (c) be solely responsible to fully understand and comply with laws, rules and regulations. Any information provided is as a convenience only.

        19.  FURTHER ASSURANCES. Upon MRP’s reasonable request, Buyer shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.

        20.  ASSIGNMENT; SUCCESSORS AND ASSIGNS. Buyer cannot delegate any duties nor assign any rights or claims under this Agreement without MRP’s prior written consent, and any such attempt or assignment shall be void. In the event that Buyer finances its acquisition of any Equipment with a third party, Buyer may direct MRP to transfer title of such Equipment to such third-party financing company, with all remaining terms and conditions of this Agreement remaining in full force and effect. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

        21.  NO THIRD-PARTY BENEFICIARIES. Subject to Section 16, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns, and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

        22.  GOVERNING LAW; VENUE. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that any and all claims, demands, disagreements, controversies or disputes arising out of or relating to this Agreement and any agreement or document delivered in connection herewith (collectively, “Claims”) shall be governed by and construed in accordance with the laws of the State of Utah and adjudicated exclusively in the state and federal courts located in or nearest to Summit County, Utah, which courts shall have the sole and exclusive jurisdiction and venue for adjudication of all Claims. The parties hereby agree upon, consent and stipulate to the jurisdiction and venue of the aforementioned courts for the adjudication of all Claims, to the exclusion of all other courts, forums and venues whatsoever.

        23.  NON-DISPARAGEMENT. Buyer shall not disparage MRP or MRP’s trademarks, websites, products or services, or display any such items in a derogatory or negative manner on any website or in any public forum or press release.

        24.  NOTICES. Any notice, demand, or communication required, permitted or desired to be given hereunder shall be deemed effectively given when personally delivered, when sent by electronic means, when received by overnight courier, or when mailed by prepaid, certified or registered mail, return receipt requested, addressed to the other party at its address set forth on the Quote or to such other address that the receiving party may designate from time to time in accordance with this Section 25.

        25.  PUBLIC ANNOUNCEMENTS. Unless otherwise stated herein, neither party shall issue a press release or otherwise advertise, make a public statement or disclose to any third-party information pertaining to the relationship arising under this Agreement, the existence or terms of this Agreement, the underlying transactions between MRP and Buyer or agent for Buyer or refer to the other party in relation to this Agreement without the other party’s prior written approval.

        26.  ENTIRE AGREEMENT; ADDITIONAL OR INCONSISTENT TERMS. Subject to Section 32, this Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof, and any unincorporated representation, affirmation of fact, course of prior dealings, promise or condition in connection therewith, or usage of the trade, shall not be binding on either party. Terms and conditions set forth which differ from, conflict with or are not included in this Agreement shall not be part of any agreement between MRP and Buyer unless both parties specifically accept such terms and conditions in writing.

        27.  WAIVER. No waiver under this Agreement is effective unless it is in writing and signed by the party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement: any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties.

        28.  SURVIVAL. Subject to the limitations and other provisions of this Agreement, the representations and warranties of Buyer contained herein shall survive the expiration or earlier termination of this Agreement for a period of twelve (12) months after such expiration o termination and (b) this Section 29 and Sections 10, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 26, and 32 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement. All other provisions of this Agreement shall not survive the expiration or earlier termination of this Agreement.

        29.  RELATIONSHIP OF PARTIES. Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

        30.  HEADINGS. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

        31.  ORDER OF PRECEDENCE. In the event of conflict between the Quote, a written agreement by MRP, and these Terms, the order of priority shall be: (1) the written

agreement by MRP, if only if executed by an MRP Officer, (2) the Quote and (3) these Terms, and only to the extent of the direct conflict. Notwithstanding the foregoing, MRP shall not be bound by, and specifically objects to, any terms, conditions or other provisions, both written and oral, which are different from, in addition to or inconsistent with the provisions of this Agreement which are set forth in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise of, or by, Buyer. Fulfillment of Buyer’s order shall not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend the terms and conditions contained herein.

        32.  SEVERABILITY. If any part of this Agreement is held to be void, illegal or unenforceable, then it shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is held to be void, illegal or unenforceable, the remainder of this Agreement shall be unenforceable. Upon a determination that any term or provision is void, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.